Women International Law Part 4

TRANSNATIONAL DISCOURSE, RELATIONAL AUTHORITY, AND THE U.S. COURT: GENDER EQUALITY
Vicki C. Jackson
Loyola of Los Angeles Law Review
Volume 37, Number 2, Fall 2003 p.271

Scholars and jurists have taken note of “transnational judicial conversations,””dialogue”or “transjudicial communication”about human rights. Gender equality is a particularly fruitful area in which to explore transnational judicial discourse. This article discusses the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which obligates state parties to take measures to end discrimination against women and assure treatment on an equal basis with men. Furthermore, this article explores the developing practice in human rights cases, sometimes expressed as an obligation, to consider a wide range of legal sources that are not “binding”in any conventional legal sense. Moreover, the article considers arguments that resort to foreign or international law as nonbinding authority in resolving questions of domestic constitutional law is inconsistent with commitments to democratic self-rule and with the role and competence of the courts.

FOREWORD – MANY ROADS TO JUSTICE FOR WOMEN: A FOREWORD TO THE SYMPOSIUM ISSUE OF THE BERKELEY JOURNAL OF INTERNATIONAL LAW
Carolyn Patty Blum
Berkeley Journal of International Law
Volume 21, Number 2, 2003 p.191

STEFAN A. RIESENFELD AWARD LECTURE – CRIMES AGAINST WOMEN UNDER INTERNATIONAL LAW
The Honourable Madam Justice Louise Arbour
Berkeley Journal of International Law
Volume 21, Number 2, 2003 p.196

TRANSFORMING ISLAMIC FAMILY LAW: STATE RESPONSIBILITY AND THE ROLE OF INTERNAL INITIATIVE
Andra Nahal Behrouz
Columbia Law Review
Volume 103, Number 5, June 2003 p.1136

The Convention on the Elimination of All Forms of Discrimination Against Women generally disregards cultural specificity in favor of a universal standard of equality and, accordingly, requires States Parties to abolish all laws and practices that contravene this standard. Rejecting both this absolute universalism and counterarguments for uncompromising cultural relativism, this Note advocates a mediating approach-one that acknowledges unity while respecting diversity. This Note presents discrimination against women in the inheritance practices of the Muslim community in Northern Nigeria as a problem that can properly be solved by internal initiative and cooperation between Muslims and state actors free from dogmatic interferences from within and, more importantly, from without. The advancement of human rights in the Muslim world is inextricably linked to the possibility of Islamic reform. This Note argues that Muslims themselves can best carry out this reform and bring their laws and practices into conformity with international standards.

Fashioning a New Approach: the Role of International Human Rights Law in Enforcing Rights of Women Garment Workers in Los Angeles
Leslie D. Alexander
Georgetown Journal on Poverty Law & Policy
Volume 10, Number 1, Winter 2003 p.81

Making Waves: Circumventing Domestic Law on the High Seas
Shannon Renton Wolf
Hastings Women’s Law Journal
Volume 14, Number 1, Winter 2003 p.109

As abortion is illegal in Ireland, many Irish women who seek to exercise reproductive rights cross the Irish Sea to have abortions in England. However, given the cost of such travel, some Irish women do not have access to abortion. A Dutch organization, Women on Waves, recently attempted to sail a Dutch-registered ship to countries where abortion is either illegal or difficult to obtain. To circumvent domestic law, the abortions would be performed in international waters. While the effort was unsuccessful, the attempt raises a host of issues involving international law, state sovereignty, the law of the sea, and human rights. This Note considers whether and when Ireland has legal authority to assert jurisdiction over the Dutch abortion ship.

Women and International Economic Law: An Annotated Bibliography
Uché U. Ewelukwa
Law and Business Review of the Americas
Volume 8, Number 4, Fall 2002 p.603

Gardam, Judith G., and Michelle J. Jarvis. Women, Armed Conflict and International Law
Valerie Oosterveld
American Journal of International Law
Volume 96, Number 3, July 2002 p.759

Is Uganda’s “No-Party” System Discriminatory Against Women and a Violation of International Law?
Amy N. Lippincott
Brooklyn Journal of International Law
Volume 27, Number 3, 2002 p.1137

Women, Armed Conflict and International Law, by Judith G. Gardam and Michelle J. Jarvis, Kluwer Law International, The Hague, 2001, ISBN 90-411-1640-0, 290 pp., EUR 90/US$ 83/UK£57
Patricia Viseur Sellers
Leiden Journal of International Law
Volume 15, Number 2, June 2002 p.449-456

Author: international